Disposed

Prakash Behera v. State of Odisha

Orissa HC23 Dec 2024WP(C)/31629/2024

Case brief

AI extract

What is this about?

A claimed traditional forest dweller challenged eviction directions issued without deciding his rights under the Forest Rights Act. The writ petition was disposed of at admission with a direction to the authorities to consider his prayer by a speaking order within two months; interim protection against eviction was granted till decision.

What did the court decide?

Authorities directed to consider petitioner's prayer and pass speaking order within two months; no eviction from case land till decision.

Prakash Behera Vs State of Odisha — Land Acquisition | Orissa HC (2024)

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 24-Dec-2024 10:14:04

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.31629 of 2024

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Prakash Behera

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…. Petitioner

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Mr. S.Das, Advocate -versus-

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State of Odisha & Ors.

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…. Opp.Parties

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Mr. J.K.Ray, ASC Ms.S.Patra, CGC

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER 20.12.2024

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr. Das, learned counsel for the Petitioner, Mr. Ms.Patra, learned CGC for O.P.2 and Mr. Ray, learned ASC for the State.

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It is submitted on behalf of the Petitioner that he is a Traditional Forest Dweller and has been residing for more than 75 years. But the authorities without considering his objection and right under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 pending enquiry, has directed for eviction of the Petitioner.

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Considering such limited prayer of the Petitioner, the writ petition is disposed of at the stage of admission without expressing any opinion on the merits of contentions of the Petitioner with a direction to the Opposite Parties including the Tahasildar, Tangi Choudwar (O.P.No.11) to consider the prayer of the Petitioner, in accordance with law, within a period of two

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 24-Dec-2024 10:14:04

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months from the date of receipt of certified copy of this order along with a copy of the writ petition, by passing a speaking order. A copy of said order passed by the Tahasildar and other authorities shall be served to the Petitioner on or before 17^th March 2025. It is further directed that till such decision is taken by the authorities, the Petitioner may not be evicted from the case land.

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Urgent certified copy of this order be granted on proper application.

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(B.P. Routray) Judge

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S.Das

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Prakash Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prakash Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

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